Behaviours – Distractions

What the Law Says

The law is very clear: you must not use a cell phone or other portable electronic device while driving, unless it is a hands-free device. Failure to abide by this rule is an offence subject to a fine, demerit points and, in the case of a repeat offence, an immediate suspension of the driver’s licence.

In brief

“Every driver of a road vehicle is prohibited from using a cell phone or any other portable electronic device designed to send or receive information or to be used for entertainment purposes, and from using a display screen. […] The driver of a road vehicle who is holding a portable electronic device in hand or in any other manner is presumed to be using the device.”

“The driver who consults the information displayed on a display screen, including that of a portable electronic device, or activates a screen function must respect all of the following conditions:”

• The screen (integrated into the vehicle or mounted on a bracket attached to the vehicle) displays only such information as is relevant to driving the vehicle or related to the operation of its usual equipment:
  • tire pressure
  • fuel consumption
  • driving mode (electric/fuel)
  • activation of various systems, such as four-wheel drive, traction control, parking assistance
  • road conditions, including obstacles and the condition of the pavement
  • weather conditions, such as visibility and temperature
  • itineraries (GPS)

• The screen is placed so as not to obstruct the driver’s view, interfere with driving manoeuvres, prevent the operation of equipment or reduce its effectiveness and in a manner that does not present a risk of injury in an accident.
• The screen is positioned and designed in such a way that the driver of the road vehicle can operate and consult it easily.

In other words…

Simply holding a portable electronic device in your hand or in any other manner (for example, between your shoulder and chin) while driving a road vehicle, for any reason, is illegal.

This prohibition does not apply to a driver whose vehicle is parked in a safe and legal place.

As soon as you are at the wheel of a road vehicle in a traffic lane, you are driving. Even when you are stopped at a red light or stuck in traffic, you are driving!

Simply put, when you are driving, you cannot use your cell phone or any other electronic device to…

• make or answer a call
• read or send a text message
• check your schedule
• check the time
• check your Facebook activity feed
• select a playlist
• surf the Internet
• do anything else…

The same rule applies to…

• all types of phones, from the oldest model to the latest
• all types of digital tablets
• all types of media players (music, video, etc.)
• all types of laptops

Exceptions

The prohibition from holding a hand-held device that includes a telephone function does not apply:

• to drivers of emergency vehicles in the performance of their duties, e.g. police officers, firefighters or ambulance attendants
• in the case of a two-way radio, that is, a device that does not allow the parties to speak simultaneously—also known as a walkie-talkie, mobile transceiver, two-way portable radio or two-way transceiver
• when a device is used to make a 9-1-1 call

Penalties

Using a cell phone or another portable electronic device, or consulting a display screen without complying with the rules for its installation and use, or handling it in any way, while driving, automatically leads to:

• fines
  • First offence: $300 to $600
  • Repeat offence (within a two-year period): double the minimum fine, or $600
• immediate licence suspension in the case of a repeat offence (within a two-year period):
  • First repeat offence: 3 days
  • Second repeat offence: 7 days
  • Third repeat offence: 30 days
• 5 demerit points